The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-05
AGAINST SOCIETY DRINKING.
Mayor Denny Fines the Swiss M@nnerchor's
Bartender for Selling Beer OH Sunday.

The Mayor rendered decision. yesterday
~ organized societies. He held that the sale of
beer by the Swiss Mennerchor Society," last Sur
day evening, was contrary to law, and fined
Frank Gisler, who sold the beverage, $40 and
costs. Last Sunday Patrolmen Bruce and Been.
In obedience to orders to rigidly enforce the
liquor law invaded Reichwein's Hall, where the
Swiss Mennerchor Society was giving mu-
steal and literary entertainment. Beer was be-
Ing freely drunk, and Frank Gisler, who was
selling it, was arrested. In the trial the Liquor
League came to the aid of Gisler. The defense
was that the beer was sold in less quantities
than quart and for every glass drunk each man
donated five cents to the fund of the society that
Gisler simply acted as the agent of the society,
and that the organization Is not dealer in
liquors, wholesale or retail; that Ii is German
society, organized for the promotion of music,
vocal and instrumental 1t was also claimed
that the liquors were furnished by the society in
bulk. and the defendants disclamed any pur-
pose TO violate the law. The evidence in the
ease showed that the membership of the society
Is about one hundred, but over three hundred
persons were present when the arrest was made,
and that the invited guests had the same privi-
iege Of drinking as the regular members
After hearing the evidence and argument,
Mayor Denny took the case under Amusement
until yesterday morning, when he rendered his
decision, finding the society guilty OF violatng
tho law The ,sision vas quite lengthy and
was based on Section 2098 OF the Revised Stat
utes, which says: "Whoever shall SELL barter
or give away, to be drunk as q beverage any
spirituous, vinous. malt or other Intoxicating
liquors upon Sunday shall be fined"
After mentioning the fact that many promi-
nent LAWYERS hold that where social club pur
chases liquors in bulk for the private and exclus-
i've use of its members no license is required to
be taken out, he said such talk had led the so
cieties into an innocent violation of the law.
But said he
Where the question Of taking out license has been
raised against social clubs and societies like this the
difficulty the State has encountered, understand
it, has been TO prove sales for gain. But the
here is altogether different from any that could have
been mooted or decided on the license question. For
where license has been procured under the act
barter give away liquor to be drunk a beverage
Sunday without violating the section of the statute
under which this case is prosecuted. He may drink
his own liquor that day well any other
without violating the statute; but he cannot SELL bar
ter or give away his liquor any one elses Il
another Sunday without violating the very letter
Of the section referred above There may be radi
sal differences of opinion to the wisdom and justice
Of the law but with that the courts have nothing K
do 1t is my duty as I understand the law when ap
Piled to the facts proved in this case to find the de
sendant guilty, which | do.
The decision has created considerable excite
ment among the numerous German societies
which have heretofore sold their favorite bever
age on Sunday undisturbed. The case will b,
appealed, and united effort will be made by til,
societies to get the dec sion reversed
Superintendent Trssis announces that he will
snforce the law against all the societies ant
hub-rooms with impartiality.